A Bench headed by Chief Justice of India, Justice Sharad Arvind Bobde granted liberty to approach the Delhi High Court.
CAIT has also urged the top court to give a direction to the Central government to frame guidelines to govern tech giants like Facebook and WhatsApp.
The plea filed in the top court has stated that the Centre has failed to discharge its constitutional duty and responsibility by protecting the privacy rights of citizens forcing the petitioner to approach the top court.
The petition also sought a direction to prohibit WhatsApp and Facebook from sharing details and data of the subscribers or users with any entity including Facebook or its family of companies.
It further sought a direction to WhatsApp and Facebook to allow the government to carry out ‘Technical Audits’ of their data centres, where the data of Indian Users are stored, so as the retrieve and delete such data of Indian Users.
It said that in 2016, Germany, the United Kingdom and the entire European Union had prohibited similar action of Facebook which was also asked to delete all the data relating to Whatsapp users.
“Centre failed to impose necessary and restrictive conditions in the instant case, though, on the proposed policy of WhatsApp, European Union’s Antitrust Authority had imposed serious restrictions and fine of 110 million euros in 2017,” it added.